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Judiciary of the Neue Deutsche Reich
|align=left| Constitution Executive *Reichspräsident **Hermann von Salza *Reichsregierung Legislature *Deutsches Reichstag Judiciary *Kammergerichtspräsident **Reichskammergericht Political Parties *Deutsches Reichspartei *Allgemeiner Deutscher Arbeiter-Verein Elections *2009 Election *2011 Election Foreign Affairs *Foreign relations *Diplomatic missions *Treaties Category:Freistaat Preussen The judiciary of Germany is the system of courts that interprets and applies the law in the New German Reich. The German legal system is a civil law based on a comprehensive compendium of statutes, as compared to the common law systems. Germany uses an inquisitorial system where the judges are actively involved in investigating the facts of the case, as compared to an adversarial system where the role of the judge is primarily that of an impartial referee between the prosecutor and the defendant. The independence of the judiciary of Germany is historically older than democracy. The organisation of courts is traditionally strong, and almost all state actions are subject to judicial review. Judges follow a distinct career path. At the end of their legal education at university, all law students must pass a state examination before they can continue on to an apprenticeship that provides them with broad training in the legal profession over two years. They then must pass a second state examination that qualifies them to practice law. At that point, the individual can choose either to be a lawyer or to enter the judiciary. Judicial candidates start working at courts immediately, however they are subjected to a probationary period of up to five years before being appointed as judges for lifetime. The judicial system is established and governed by Article 8 of the Constitution. Article 8 states that "judicial power shall be exercised by independent courts, subject only to law; Judgments shall be rendered and executed in the name of the people." Law Germany's legal system is a civilian system whose highest source of law is the Constitution of the New German Reich, which sets up the modern judiciary, but the law adjudicated in court comes from the German Codes; thus, German law is primarily codal in nature. The court system adjudicates (1) public law (öffentliches Recht), that is, administrative law (civil-government litigation or litigation between two government bodies) and criminal law, and (2) private law (Privatrecht). . German law is not impregnated with legal positivism to the extent of Napoleonic legal systems, so Germany's judiciary is not subordinated to the legislature, the Constitution directly invests supreme judicial power in the Reichskammergericht as well as lower courts, and decisional law has greater importance, though not to the extent of common law systems. The court system is inquisitorial, thus judicial officers personally enter proof and testimony into evidence, with the litigants and their counsel merely assisting, although in some courts evidence can only be tendered by litigants. Courts The primary legislation concerning court organization is the Courts Constitution Act (Gerichtsverfassungsgesetz, or GVG). Ordinary Courts Ordinary courts, deal with criminal and most civil cases. The Supreme Court of Justice (Reichskammergericht) is the highest ordinary court. The appellate courts are composed of: Specilalised Cases Specialized cases (constitutional, administrative, labour, social, fiscal, and patent law) are dealt with by specialised sub-divisions of the Reichskammergericht. Judicial Officers Professional Judges The independence of the judiciary that is laid down in the constitution only refers to the judicial decision-making process of any individual judge, not to the judicial power as a whole. In line with this, the courts are administrative bodies subordinate to the Reich Ministry of Justice, special rules only applying to the judicial decision-making process and the status of the judges. The courts are administered by the federal government, all the other courts belong to a state and are administered by it. The independence of the judiciary that is laid down in the federal constitution (article 97 para. 1) only refers to the judicial decision-making process of any individual judge, not to the judicial power as a whole. In line with this, the courts are administrative bodies subordinate to the respective department of justice, special rules only applying to the judicial decision-making process and the status of the judges. All professional judges are state civil servants and follow state rules on legal education, appointment, and promotion. Prosecutors Public prosecutors are simple ordinary servants lacking the independence of the Bench. Attorneys A lawyer can only qualify as a defense attorney if they fulfill/possess the so-called Befähigung zum Richteramt. This translates literally as "aptitude to be a judge", however, the basic meaning is to have successfully completed a study of law at roughly a master's degree level, being finally examined by the state itself (Staatsexamen), and to have served for two years as an associate to different lawyers from each of their most popular occupations (attorney, judge, administrative official, etc.; this is called the Referendariat). However, to actually become a judge, besides the Befähigung zum Richteramt the expectations include outstanding results in the respective exams, which is not expected for attorneys (but, roughly, is expected for prosecutors and administrative officials). Defense attorneys are grouped into divisions of the state bar association in which membership is mandatory. Category:Freistaat Preussen